The Gauhati High Court on Thursday granted bail to Najibul Islam, who had been arrested for allegedly posting “I love Pakistan” on Instagram in the aftermath of the Pahalgam terror attack.

A single-judge bench of Justice Kalyan Rai Surana noted that the petitioner had been in custody since May 1, 2025, and had already undergone approximately 70 days of incarceration. The Court held that further custodial interrogation was not necessary at this stage.

Islam was booked under Sections 152, 196(1), 197(1), 352, and 353(2) of the Bharatiya Nyaya Sanhita (BNS).

Opposing the bail plea, the Additional Public Prosecutor argued that the accused’s social media post, which appeared to support Pakistan at a time when the nation was mourning a terror attack allegedly linked to Pakistan, amounted to a provocative act. It was further contended that his release might lead to potential involvement in future anti-national activities.

However, weighing the time already spent in custody and the lack of further need for custodial interrogation, the Court allowed the bail application. Islam was directed to be released on execution of a bail bond of ₹40,000, along with two solvent sureties of like amount, to the satisfaction of the Sessions Judge, Bongaigaon.

Case Title: Najibul Islam vs State of Assam

In a related development, the Allahabad High Court recently held that merely expressing support for Pakistan, without referencing any incident or making derogatory remarks against India, may not prima facie constitute an offence under Section 152 BNS, which penalizes acts endangering the sovereignty, unity, and integrity of India.